Legal Article - Employment Law

Migrant Workers and the Immigration, Asylum and Nationality Act 2006

Civil Penalty and the Defence An employer is liable to a civil penalty (of up to £10000) if a person, 16 or over, is employed who are legally not permitted to work in the UK as they are in breach of their conditions to reside in the country.

The defence, referred to as the excuse, is only relevant if the employer has carried out the required checks and has repeated them every 12months for particular time restricted permissions.

Criminal Offence It is an offence to knowingly employ a person aged 16 or over without permission

EEA NationalsAn EEA National should be asked for confirmation of nationality and production of a required document as listed by the UK border agency. Nationals of Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia may need to be registered or authorised to work.

Race Discrimination Due to the population in the UK being ethnically diverse, it should not be assumed that someone from an ethnic minority is an immigrant, or someone from abroad is not entitled to work within the UK.

Essentially the main way to ensure discrimination does not take place is to treat all applicants in the same way. It is courteous in seeking particular documents and can prevent a hefty penalty.
The requirements for Immigration control can vary from time to time. The UK Border Agency outlines the documents required for non-UK nationals to be able to undertake employment within this country. The list of necessary documents includes;

• A valid passport or national identity card
• A residence permit
• A permanent residence card
• A form of a travel document which shows the holder to be exempt from immigration control
• An Immigration status document
• A birth or adoption certificate
• A letter issued by the Home Office

The UK Border Agency also provides a list of documents which can provide a defence for those employing people who are not of UK origin which can last for up to 12 months and are also known as “providing an excuse”. These documents include;